Ireland votes to overturn the constitutional ban on blasphemy
Ireland votes to overturn the constitutional ban on blasphemy
Ireland has voted to eliminate a reference to blasphemy as a punishable offense of the country's constitution, paving the way for the repeal of a law that penalizes public expressions considered offensive to religious sensibilities.
The decision taken in a referendum on Friday is the latest sign that reflects the weakening of the country's accession to the Catholic Church, which in turn described the constitutional reference as "obsolete."
Official results on Saturday showed that 65% of voters supported the elimination of the reference to blasphemy, a similar level of support given to a May proposal to eliminate the abortion ban. of the constitution, and a 2015 amendment that allowed for same-sex marriage.
Justice Minister Charlie Flanagan said the result was "another reflection of strong public support for a modern and liberal constitution."
Many European countries maintain provisions that allow prosecution, and in some cases imprisonment, for blasphemy offenses. In recent years, prosecutions under blasphemy laws in defense of Islam and Christianity have been used, although convictions are rare and are increasingly considered to be older and a limit on freedom of expression.
Blasphemy is not a crime in the United States. UU., Given the strong constitutional protection of the nation for freedom of expression.
Although the criminalization of blasphemy in Ireland dates back to the drafting of the Constitution in 1937, no one has been convicted and few have been investigated. Until 2009, the legal code did not contain a definition of the offense that would have allowed for successful prosecution.
The referendum was held the same day in a presidential election in which the incumbent, Michael D. Higgins, won in each of the 40 electoral districts of Ireland with 55.8% of the national votes, well above 23.3% obtained by his closest rival.
Friday's vote reflects The emergence of a better educated and more cosmopolitan generation. molded by the economic boom of the country. The Catholic Church maintains a significant presence in education and health care systems, but its influence has diminished in recent decades, in part due to a wave of scandals.
Other referendums are likely to take place as Ireland reassesses its socially conservative past. In addition to recommending to nullify the blasphemy provision and allow same-sex marriage, a 2013 constitutional convention called for the elimination of a widely understood provision to assign women the special responsibility of caring for children and the home.
Lawmakers have not yet decided whether to eliminate or replace that language. As with the blasphemy vote, it is not clear what immediate practical effect a change would have. But constitutional changes have also become a way of defining a changing Ireland for its people.
"There is a symbolic significance to these referendums," said David Kenny, an assistant professor of law at Trinity College in Dublin. "People see them as a vehicle to make a statement about where we are as a country."
According to a 2017 report by the International Religious Liberties Commission of the United States, 71 countries around the world had laws designed to punish blasphemy, which it defines as "the act of insulting or showing contempt or disrespect for God." 86% prescribe the imprisonment of convicted blasphemers, and some impose the death penalty, such as Iran and Saudi Arabia in some circumstances.
The European Union considers that many of these laws are oppressive and a violation of the right to freedom of expression. The Irish government cited the legitimacy accorded to oppressive laws elsewhere as a reason to eliminate the provision of the Irish constitution.
"Some United Nations countries have cited Ireland's blasphemy laws in defense of their own repressive regimes," Mr. Flanagan wrote in a tweet.
Some European countries are slowly eliminating the offense of their penal codes. While the USCIRF report was being compiled, Denmark and Malta repealed their laws, following similar movements in Norway in 2015, the Netherlands in 2012 and England and Wales in 2008.
The most highly religious countries such as Poland and Greece are not expected to eliminate the offense, while some countries, such as Germany, see their laws as a way to offer protection to Islam and other minority religions at a time of greater hostility to immigrants. On Friday, the European Court of Human Rights. confirmed a 2011 verdict by an Austrian court that sentenced an anonymous woman to pay a fine for insulting the Prophet Muhammad.
"Although ... the identifiable trends point towards the direction of eliminating restrictions, the absolute disappearance of blasphemy bans on the continent seems to be a long process, if it ever takes place," said Andras Koltay, associate professor of right in Pazmany. Catholic University of Peter in Budapest.
Write to Paul Hannon in paul.hannon@wsj.com
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